Things are getting tense in the federal election subversion case against former President Donald Trump.
U.S. District Judge Tanya Chutkan has just given the green light for Special Counsel Jack Smith's request to file a nearly 200-page brief on how presidential immunity factors into the case.
Why is this such a big deal? Well, this is no ordinary filing. Smith's team is diving deep into the U.S. Supreme Court’s recent ruling on presidential immunity, which has huge implications for the charges Trump is facing—four felonies related to his alleged efforts to overturn the 2020 election.
Now, Trump’s defense team is not happy about this. In fact, they called Smith’s request "fundamentally unfair" and took issue with the length of the brief. Typically, opening briefs in the D.C. court system are a lot shorter, so a 200-page filing seems excessive to them.
But Judge Chutkan wasn’t swayed by that argument. She essentially said, “This is just how litigation works,” and allowed Smith's oversized brief to move forward. The defense's concerns that the prosecutors were pushing “untested and biased views” were also shut down by the judge. Her message was clear—this is how cases like this unfold, and the government's filing is par for the course.
But there’s more. Trump's legal team also argued that releasing the brief publicly could taint the jury pool or sway potential witnesses. They’re worried that the new pieces of evidence Smith plans to include could heavily influence public perception before the trial even begins. Chutkan didn’t agree, though. She brushed aside that argument, signaling that the case will continue full steam ahead.
The clock is ticking for Smith's office, which must file the brief by Thursday. Prosecutors have already hinted that it will introduce additional categories of evidence against Trump, especially in light of the Supreme Court’s July ruling on presidential immunity.
That ruling established that Trump, in his role as president, can’t face criminal charges for actions directly tied to his official duties. However, Smith’s superseding indictment focuses on actions Trump took as a candidate, particularly those leading up to January 6th, 2021, when the U.S. Capitol was stormed.
Trump, who has pleaded not guilty to all charges, has been vocal about his belief that these legal moves are politically motivated and designed to interfere with his 2024 presidential campaign. Regardless, the case is moving forward, and it won’t reach trial before the election, leaving voters to decide in November whether these legal battles will impact Trump’s bid for reelection.